General terms and conditions
Article 1. General provisions
1.1 These general terms and conditions apply to all offers, agreements and all ensuing actions with regard to the sale and delivery of products via the internet site of Jacky M to you, the customer. Your terms and conditions are expressly rejected.
1.2 Accepting offers or placing orders on the internet site of Jacky M, means that the applicability of these general conditions is accepted.
1.3 When a provision in these general terms and conditions is null and void or annulled, the other provisions will remain in force.
1.4 Deviations from or additions to these general terms and conditions only apply if they have been agreed in writing.
Article 2. When is there an agreement?
2.1 All offers made by Jacky M are without obligation and are valid for 14 days, unless otherwise stated in the agreement.
2.2 When you place a request or order and this is confirmed in writing by Jacky M, the agreement comes into effect.
2.3 If a change in the agreement leads to higher costs, Jacky M may pass these costs on to you.
2.4 You cannot derive any rights from previous offers or advertising material made by Jacky M.
Article 3. How does the delivery work?
3.1 Jacky M will deliver every performance as agreed in writing and Jacky M may use third parties for this purpose.
3.2 The agreed delivery time is not a deadline. The deadlines are approximate and are determined on the basis of data and circumstances known to Jacky M at the time of entering into the agreement.
3.3 If you have not yet fulfilled all (payment) obligations relating to this agreement, Jacky M is entitled to postpone the delivery obligation until you have fulfilled all (payment) obligations.
3.4 Delivered goods remain the property of Jacky M until you have fulfilled all obligations under the agreement.
Article 4. What can you expect from Jacky M?
4.1 Jacky M will look after your interests to the best of its ability.
4.2 Jacky M will keep you informed of the execution of the work when you request it.
4.3 If you report in time that the delivered goods do not comply with the agreement, Jacky M will carry out the necessary repairs or provide a replacement product as soon as possible.
4.4 Jacky M will treat all your data confidentially, to the extent that Jacky M should know that it concerns confidential data.
Article 5. What are your obligations?
5.1 You must provide Jacky M with all data that Jacky M needs to be able to carry out its work properly, on time and in full. You are responsible for the correctness of these data.
5.2 You are obliged to inspect and check delivered goods immediately upon receipt. Any objections, defects or defects must be reported immediately to Jacky M in writing, or in the case of a consumer distance purchase within the cooling-off period mentioned in article 7.1. Without this notification, the goods in question are deemed to have been delivered without damage, defects or faults and Jacky M is deemed to have delivered the performance in accordance with the agreement.
5.3 Complaints relating to not immediately visible defects and/or faults must be reported in writing to Jacky M immediately after detection so that Jacky M is able to investigate the correctness of this complaint and, if necessary, carry out repairs. The choice to repair or replace a product lies with Jacky M.
5.4 If there is a delay in the execution of the agreement, and this delay is attributable to you, all costs and damages resulting from this will be at your expense and risk. Also the shipping costs in case of a complaint about the product will be for your account.
5.5 All instructions on the packaging and leaflets must be followed by you, for deviating use of the product and any damage caused by this you can not hold Jacky M liable.
Article 6. How do you pay for the products of Jacky M?
6.1 You pay by means of an online payment order.
6.2 You have no authority to settle.
6.3 If you do not pay within the agreed period, you will owe interest immediately after the due date of the invoice. This interest will be equal to the statutory interest. You will also have to pay all (extra) judicial collection costs of Jacky M. These costs will be calculated on the basis of the Besluit vergoeding voor buitengerechtelijke incassokosten. If Jacky M has to incur more costs, it may charge you for the actual costs incurred.
6.4 Jacky M is authorized to change the payment conditions if it is of the opinion that your financial position or your payment behavior or the nature of the relationship with you give cause to do so.
6.5 If you pay by credit card, the credit card details will be checked before the payment is made. Products will only be shipped to the address provided by you as the address of the credit card holder.
Article 7. When and how does the contract end?
7.1 As a consumer, you have the possibility to terminate the agreement based on your right of withdrawal, 14 days after receipt of the product, without giving reasons. If you wish to do so, you must notify Jacky M in writing within the cooling-off period or by filling in the model withdrawal form which can be found on the site.
7.2 During the cooling-off period you should handle the product and its packaging with care, you may only handle and inspect the product as you would be allowed to do in the shop. Should your way of handling the product and packaging reduce the value of the product, you must compensate Jacky M for this reduction in value.
7.3 If you dissolve the agreement within the cooling-off period of 14 days, you must return the product(s) to Jacky M as soon as possible, but at the latest within 14 days from the day of revocation. This must be done in the original, undamaged packaging. Opened or damaged packaging will not be taken back. Opening the packaging means that you wish to keep the products.
7.4 If you have exercised your right of withdrawal and the product(s) have been returned to Jacky M, Jacky M will refund your payments by the same means of payment as you used.
7.5 The following products do not fall under the cooling-off period mentioned above:
– products created by the Company in accordance with the Buyer’s specifications;
– products that are clearly of a personal nature;
– products that cannot be returned due to their nature;
– products that can spoil or age quickly;
– products whose price is subject to fluctuations in the financial market over which the Company has no influence;
– loose newspapers and magazines;
– audio and video recordings and computer software of which the Buyer has broken the seal.
– hygienic products of which the Buyer has broken the seal;
– products of which the packaging is clearly damaged or is no longer present in the original packaging.
7.6 If the agreement is broken by you due to a cause attributable to you, or if the agreement is cancelled by you outside your right of withdrawal, you are obliged to reimburse all costs incurred by Jacky M and to bear all resulting financial consequences (e.g. loss of profit) for Jacky M due to the non-execution of the agreement.
7.7 Jacky M may immediately, without prior notice to you, suspend the execution of the agreement or dissolve it in whole or in part, when:
– you do not (timely) fulfil your obligations under the agreement;
– there is bankruptcy, (provisional) suspension of payment, placement under guardianship, debt rescheduling or shutdown, liquidation or full or partial transfer of your business.
7.8 In that case Jacky M does not have to pay any compensation to you and is also entitled to claim compensation and/or payment itself.
7.9 In all cases mentioned above, all claims of Jacky M on you are immediately due and payable, and you are obliged to return the delivered goods immediately.
Article 8. How do you use the internet site and My Account?
8.1 All prices and rates mentioned on the website and mailings of Jacky M are exclusive of VAT and subject to price changes, programming and typing errors.
8.2 Product images do not always have to match the appearance of the delivered products. In particular, changes may occur in the appearance and packaging of the products following changes in the manufacturer’s product range. It is not possible to complain about detected defects if the above-mentioned changes in the product are concerned.
8.3 All intellectual property rights, including, but not limited to, copyrights, trademark rights and database rights, on the information, texts, images, logos, photographs and illustrations on the Internet site and on the layout and design of the Internet site are the property of Jacky M and/or its licensors. You must refrain from any infringement thereof, which also includes making copies of the internet site other than technical copies required for the use of the internet site.
8.4 The information on the internet site is composed and maintained by Jacky M with continuous care and attention. However, errors cannot always be prevented. Therefore, no rights can be derived in any way from the information offered on the website. Jacky M accepts no liability for damage resulting in any way from the use of the website or from the incompleteness and / or inaccuracy of the information provided on the website and / or damage as a result of the (temporary) unavailability of the website.
8.5 Jacky M bears no responsibility for photographs, descriptions and other information material on the internet site, which have been published by third parties.
8.6 When you request an account with Jacky M, you will receive a user name and password after approval. These data are strictly confidential and only for your own use.
8.7 By requesting an account you guarantee that you are authorized to place orders.
Article 9. When is there a case of force majeure and what are the consequences?
9.1 Force majeure means that there are circumstances as a result of which Jacky M cannot, not timely or not properly fulfill its services, without this being the fault of Jacky M. Force majeure includes for example: fire, theft, acts of war, riots, strikes, sit-down strikes, business interruptions, war, emergency weather, situations of actual inaccessibility of the work, changes in regulations and failure to comply by a supplier.
9.2 In case of force majeure, Jacky M may suspend the execution of the agreement or (partially) dissolve the agreement without having to pay compensation to you.
Article 10. Who is liable for what?
10.1 You must notify Jacky M in writing of changes of address and other personal details no later than fourteen (14) days before the change in question takes effect. All consequences arising from late notification of (address) changes(?) will be entirely at your expense and risk.
10.2 Jacky M provides its services to the best of its knowledge and ability. However, Jacky M can not guarantee that a desired result will be achieved at a certain time.
10.3 If Jacky M is liable, then this liability is limited to the amount paid out by Jacky M’s corporate liability insurance. If the maximum insured amount is higher than the amount of the assignment, then Jacky M is only liable up to the amount of the assignment, which is related to the delivered services.
10.4 If you are sued for damages by a third party, you cannot pass on this claim to Jacky M.
Article 11. Complaints and disputes
11.1 Are you not satisfied with our services? We would appreciate it if you would let us know first so that we can take your complaint seriously. To ensure that we can deal with the complaint properly, the complaint must be submitted to Jacky M within two months of you becoming aware of the complaint.
11.2 If there is a dispute, you must turn to the competent court in Oost-Brabant. The possibility to start a dispute in court expires after one year after the reason for the dispute arose.
Article 12. Applicable law
All agreements and these general terms and conditions and actions arising from them shall be governed by Dutch law.
